EGMR: Hate speech by the leader of a radical Salafist organisation was not protected by freedom of expression

In its decision in the case of Belkacem v. Belgium (application no. 34367/14) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned the conviction of Mr Belkacem, the leader and spokesperson of the organisation “Sharia4Belgium”, which was dissolved in 2012, for incitement to discrimination, hatred and violence on account of remarks he made in YouTube videos concerning non-Muslim groups and Sharia. The Court noted that in his remarks Mr Belkacem had called on viewers to overpower non-Muslims, teach them a lesson and fight them. Den Rest des Beitrags lesen

EGMR: Ban on wearing face covering in public in Belgium did not violate Convention rights

In today’s Chamber judgment in the case of Belcacemi and Oussar v. Belgium (application no. 37798/13) the European Court of Human Rights held, unanimously, that there had been: no violation of Articles 8 (right to respect for private and family life) and 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights, and no violation of Article 14 (prohibition of discrimination) taken together with Articles 8 and 9. The case concerned the ban on the wearing in public of clothing that partly or totally covers the face under the Belgian law of 1 June 2011. Den Rest des Beitrags lesen

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , . Leave a Comment »

EGMR: Ban on wearing face covering in public in three Belgian municipalities was not in breach of the Convention

In today’s Chamber judgment in the case of Dakir v. Belgium (application no. 4619/12) the European Court of Human Rights held, unanimously, that there had been: no violation of Articles 8 (right to respect for private and family life) and 9 (right to freedom of thought, conscience and religion) of the European Convention on Human Rights, no violation of Article 14 (prohibition of discrimination), taken together with Articles 8 and 9 of the Convention, and a violation of Article 6 § 1 (right of access to a court). The case concerned a by-law adopted in June 2008 by three Belgian municipalities (Pepinster, Dison and Verviers) concerning a ban on the wearing in public places of clothing that conceals the face, and the subsequent proceedings before the Conseil d’État. Den Rest des Beitrags lesen

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , . Leave a Comment »

EGMR: Forthcoming judgment on Tuesday 11 July 2017 – Dakir v. Belgium (no. 4619/12)

The applicant, Fouzia Dakir, is a Belgian national who was born in 1977 and lives in Dison (Belgium). The case concerns a by-law adopted in June 2008 by three Belgian municipalities concerning a ban on the wearing in public places of clothing that conceals the face, and the subsequent proceedings before the Conseil d’État. Weiterlesen

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , . Leave a Comment »

EGMR: Forthcoming judgment on Tuesday 11 July 2017 – Belcacemi and Oussar v. Belgium (application no. 37798/13)

The applicants, Samia Belcacemi (a Belgian national) and Yamina Oussar (a Moroccan national), were born in 1981 and 1973 respectively and live in Schaerbeek and Liège (Belgium). The case concerns the Belgian law of 1 June 2011 banning the wearing in public places of clothing which partially or totally covers the face. Den Rest des Beitrags lesen

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , . Leave a Comment »

EGMR: Reasoned refusal of authorities to reinstate applicant as French national did not violate Convention

The case Boudelal v. France (application no. 14894/14) concerned the authorities’ refusal to reinstate the applicant as a French national. In its decision in the case the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The Court observed that French law did not guarantee aliens an unconditional right to obtain French nationality. On the contrary, it subjected the obtaining of French nationality to the loyalty of candidates, as assessed by the authorities. It also provided safeguards against arbitrariness by obliging the authorities to give reasons for their refusals and allowing rejected candidates the possibility of appealing to the administrative courts. Den Rest des Beitrags lesen

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: . Leave a Comment »

EGMR: Complaint about membership in a religious community without consent is premature

In its decision in the case of Perelman v. Germany (application no. 32745/17) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned the complaint by a French couple that, on moving to Germany and declaring to the authorities that their religion was “Mosaic”, they were considered members of the Frankfurt Jewish community without their consent. The applicant couple, Mr and Mrs Perelman, were subsequently charged a church tax, despite the fact that they were unwilling to join a community whose orthodoxy contrasted with their own liberal beliefs. They relied on Article 9 (freedom of thought, conscience and religion) and Article 11 (freedom of assembly and association) of the European Convention on Human Rights. The Court found the couple’s complaint inadmissible for failure to exhaust domestic remedies because they still have an appeal pending before the Federal Constitutional Court. Den Rest des Beitrags lesen